Title stringlengths 23 265 | Summary stringlengths 739 25k | Case stringlengths 1.79k 52k |
|---|---|---|
Foul play in e-tender resulting is misappropriation of balance payment: Supreme Court of India | A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury. A Writ Petition may be filed by an aggrieved person(s) to seek legal remedies for violation of fundamental rights. In context of Civil Appeal No. of 20... | The appellant herein is assailing the order dated said order the High Court has directed the State of Washim to initiate steps to recover all amounts paid to the appellant herein. Further direction is also issued to file Though the writ petition in which the impugned order whether an order of the present nature is just... |
Long time in concluding trial, is no ground for leniency : Supreme Court | The Supreme Court while partly allowing the present appeal stated that just because long time has been taken by the trial court does not mean that leniency can be shown in punishment imposed. The appellant was acquitted under Section 498A of IPC. However, considering the present age of the appellant which is 80 years,... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 31 OF 2022 ...Appellant(s State By the Inspector of Police Thiruvotriyur Police Station Chennai ...Respondent(s JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Madras dated 3... |
The Petitioner caught in the act of concealing the controlled substances in his residence, the Petition for bail deserves to be and is accordingly disposed of: The High Court of Sikkim | The Petitioner was caught in the act of concealing the controlled substances in one room of his residence, where the Police reached and also considering that the quantity seized is a commercial quantity viz. 64 packets of Spasmodon capsules; another 13 packets of Spasmodon capsules and 26 packets of Nitrosun-10 tablets... | HIGH COURT OF SIKKIM Record of Proceedings Virtual Court No.2 Bail Appln. No.121 DURGA GUPTA @ GOLU APPLICANT STATE OF SIKKIM RESPONDENT Date: 02.09.2021 For Applicant For Respondent 1. THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI A.C.J. Namgyal Mr. S.K. Chettri Additional Public Prosecutor. S.I. Naresh Chhetri I.O. of... |
Filing an FIR while departmental proceedings are going on for the same issue constitutes parallel litigation: High Court of Jammu and Kashmir | Parallel litigation refers to a scenario where different courts are hearing the same claim. Parallel litigation is not permitted as it wastes time and money of the public over meaningless litigation. Filing an FIR against someone while they have departmental proceedings against him for the same issue would constitute p... | Dara Singh Serial No. 307 After Notice List HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Through Virtual Mode} CRMC No.36 2018 Dated: 3rd of June 2021. … Petitioner(s) Through: Ms Asma Rashid Advocate. Through: Mr B. A. Dar Sr. AAG. State of JK & Ors. … Respondent(s) Hon’ble Mr Justice Ali Mohammad Magrey Judge. Through... |
For any agreement, the real intent of the parties is germane: High Court of Delhi. | In the event the written arbitration agreement is not signed by the parties, it is essential to ascertain if there is an intention on the part of the parties to settle their disputes through arbitration. A single Judge bench compromising Hon’ble Justice Sanjeev Narula, in the matter of Swastik Pipe Ltd. Vs. Shri Ram Au... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18th March 2021 Pronounced on: 5th July 2021 ARB. P. 241 2021 SWASTIK PIPE LTD. Through: Mr. Sanjay Jain and Ms. Puja ..... Petitioner Chourasiya Advocate. SHRI RAM AUTOTECH PVT. LTD. Through: None. ..... Respondent HON’BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV... |
A bail granted cannot be canceled in a mechanical manner without there being any supervening circumstances unfavourable to a fair trial: High Court of Delhi | A bail granted cannot be canceled on a request from the side of the complainant or investigating agency unless and until it is established that the same is being misused and it is no longer conducive in the interest of justice to allow the accused any further to remain on bail. These were stated by Justice Rajnish Bhat... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on : 06.01.2022 Through: Mr. Vijay K. Gupta Advocate STATE AND ANR Through: Dr. M.P.Singh APP for the State with SI Anand Pratap PS Laxmi Nagar Dr. L.S. Chaudhary Advocate with Mr. Ajay Chaudhary and Mr. Vishesh Kumar Advocates for R 2 HON BLE MR. JUSTICE RAJNISH BHATN... |
Stale claim is not to be adjudicated: High court of Patna | Inordinate delay on the part of the petitioners will lead to the non-interference of the court since entertaining a belated claim would only have the effect of inflicting hardship and inconvenience. The courts do not assist the tardy and the indolent and the lazy and the lethargic. This was held by Honorable Mr. Justic... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 58020 Mukesh Kumar Singh aged about 45 yearsS o Shree Ram Balak Singh Resident of Village Ekderawa Masuria P.S. Maker District Saran. ... Petitioner s 1. The State of Bihar through the Principal Secretary Department of Road Construction Departmen... |
High Court while entertaining a petition under section 482 Cr.P.C. cannot discharge the accused before the trail: Delhi High Court | The High Court while entertaining a petition under section 482 Cr.P.C. to quash an FIR cannot evaluate the defence and discharge the accused before the trail. The High Court must refrain from passing an order which will result in giving finality to the circumstances. This was held in the matter of Shri. Aishwarya Binda... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 177 2021 & CRL.M.A.901 2021(stay) Date of decision: 11th FEBRUARY 2021 IN THE MATTER OF: SHRI AISHWARYA BINDAL ..... Petitioner Through Mr. O.P. Saxena with Mr. Ravinder Aggarwal Advocates. THE STATE GOVT. OF N.C.T. OF DELHI & ANR..... Respondents Through Ms. Kusum Dhal... |
Dharma Prathishthanam v. M/S. Madhok Construction Pvt. Ltd | “Arbitration agreement” means a written agreement to submit present or future differences to arbitration” In the year 1985, the appellant proposed to have a building constructed for which purpose it entered into a works contract with the respondent for the construction as per the drawings and specifications given by th... | Appeal71404 M s. Madhok Construction Pvt. Ltd DATE OF JUDGMENT: 02 11 2004 CJI R.C. LAHOTI G.P. MATHUR & P.P. NAOLEKAR JUDGMENT R.C. LAHOTI CJI Arising out of Special Leave PetitionNo. 78303 Leave granted The appellant Dharma Prathishthanam is a charitable institution. The respondent is a builder engaged in constructi... |
According to Section 84 of IPC, the standard of proof to be applied shall be of legal insanity and not just medical insanity: High Court of Tripura | It was the duty of the investigating officer to subject the accused for medical examination immediately and place that evidence before the Court. Such an opinion was held by The Hon’ble High Court of Tripura before The Hon’ble Mr. Justice T. Amarnath Goud and The Hon’ble Mr. Justice Arindam Lodh in the matter of The St... | HIGH COURT OF TRIPURA Crl.A. No. 519 The State of Tripura represented by the Ld. Public Prosecutor High Court of Tripura Agartala West Tripura. V E R S U S Sri Mitan Das S o Sri Sukha Ranjan Das @ Shova. Sri Sukha Ranjan Das @ Shova S o late Upendra Kr. Das. Smt. Rekha Das W o Sri Sukha Ranjan Das @ Shova. Sri Litan D... |
When an Arbitral Award exceeds the value of Rs.1,000/-, the stamp duty on the Award is payable only in terms of Clause (b) thereof; and Clause (a) would be applicable only when the Award does not exceed the value of Rs.1,000/- : Delhi High Court | There can really be no dispute to the fact that as per Article 12 of Schedule-1A, as amended vide the Indian Stamp (Delhi Amendment) Act, 2001, when an Arbitral Award exceeds the value of Rs.1,000/-, the stamp duty on the Award is payable only in terms of Clause (b) as upheld by the High Court of Delhi through the lear... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08.11.2021 W.P.(C) 886 2021 M S. INDSAO CONSTRUCTION PVT. LTD. Petitioner Through Mr. Prashant Kumar Mittal Adv. SUB DIVISIONAL Respondent Through Mr. Anuj Aggarwal ASC with Mr. Vikrant Chawla Ms. Ayushi Bansal and Mr. Vishesh Jagga Advs. HON BLE MS. JUSTICE REK... |
There is no need for interference when decision of the respondents to reject tender is well considered, based on a study, understanding of the relevant facts and legal opinion : Delhi High Court | Conflict of Interest is a complicated arena to justify and prove one’s true interests and intents. Therefore, the party that is questioning has the right to make a decision after sufficient research and understanding. This was held in the judgment passed by a two-judge bench comprising HON’BLE MR. JUSTICE VIPIN SANGHI ... | 10 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5768 2021 & CM APPLs. 18096 2021 & 18781 2021 Pronounced on: Reserved on: 26.07. 2021 STERLITE GRID 20 LIMITED ..... Petitioner Through: Mr. Saurabh Kirpal Sr. Adv. with Mr. Gaurav Juneja Mr. Aayush Jain Ms. Swastika Chakravarti Advs. PFC CONSULTING LIMITED & ANR. ...... |
Ashok Kumar v. DG. BSF Case doesn’t create a rule for leniency to intoxicated BSF personnel with mental tension: Delhi High Court | The issue is whether a Border Security Force (BSF) personnel, being under intoxication due to mental tension and who misbehaves with the superior officers deserve leniency as per the case of Ashok Kumar v. DG. BSF. This was clarified in the case of Guddu Kumar v. Union of India and Others, in W.P.(C) 13572/2021, decide... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 1st December 2021 W.P.(C) 13572 2021 GUDDU KUMAR Petitioner UNION OF INDIA &ORS. Through Ms. Saahila Lamba Advocate Respondents Through Mr. V.N. Goyal Advocate HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA J.This petition has been fi... |
The totality of the circumstances deserves to be seen before a person is granted or denied anticipatory bail: Delhi High Court | Nothing has been shown to the Court in the form of any cogent and primfacie evidence which could show that he has threatened anybody or tried to tamper with the evidence. Having regard to the facts and circumstances of this case, the petitioner is admitted to anticipatory bail. This was said in the case of Ameet Khande... | VIA VIDEO CONFERENCING IN THE HIGH COURT OF DELHI AT NEW DELHI STATE OF NCT OF DELHI BAIL APPLN. 1162 2021 Date of Decision : 23.04.2021 Through: Mr. Sudhir Nandrajog Sr. Adv. with Setu Niket Ms Mazumdar Ms. Avani Kaushal Ms. Salonee Keshwani Advocates Through: Ms. Manjeet Arya APP for the State with SI Anil Kumar PS. ... |
The strict proof of marriage is not a requirement in the case under Section 125 of the Cr. P.C: Chhattisgarh High Court | The parties had lived as a wife and spouse, enough to draw their marriage suppositions. It is found that the claimant and the respondent have lived together as a husband and wife for some time, based on the submissions and the present facts. It is undisputed now. The applicant’s only ground of dispute is that he was no... | 1 HIGH COURT OF CHHATTISGARH BILASPUR CRR No. 490 of 2020 Reserved on 12.04.2021 Delivered on 19.05.2021 Meghraj Sahu S o. Brijlal Sahu aged about 50 years Alleged Occupation Service 1 SCC 530 in which it has been held that a woman marrying a man who is already married and his wife is living is not entitled under Sect... |
Neelam Gupta V/S Mahipal Sharan Gupta & Another | These appeals arise out of the common Judgment and Order dated 15.11.2018 passed by the High Court of Delhi at New Delhi in Criminal M.C. No.3391 of 2017 and in Criminal M.A. No.13845 of 2017, by which the High Court affirmed (i) the order dated 26.10.2016 passed by Mahila Court in proceedings initiated by the appella... | CRIMINAL APPEAL NOS.417 418 OF 2020 @ SLPNOS.4044 4045 OF 2019 NEELAM GUPTA VS. MAHIPAL SHARAN GUPTA AND ANOTHER 1 IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 417 418 OF 2020 Arising out of Special Leave PetitionNos.4044 40419 MAHIPAL SHARAN GUPTA AND ANOTHER O R D E R Uday Umesh Lalit J Leave granted. ... |
In ordinarily transfers deputationist has no legal right to be absorbed in the post to which he is deputed: Jharkhand High Court | Ordinarily transfers on deputations are made as against equivalent post from one cadre to another, one department to another, or one Government to another; in such case, a deputationist has no legal right in the post. Such deputationist has no right to be absorbed in the post to which he is deputed. In such a case, dep... | 30 Dated: 15th March 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 19314 Rajeshwar Prasad 1. State of Jharkhand. 2. The Secretary Water Resources Department State of Jharkhand having its office at Nepal House P.O.+P.S. Doranda District Ranchi. ..… Petitioner 3. The Chief Engineer Minor Irrigation Ranchi Sta... |
With the passage of time, the reliefs sought by the plaintiff will become infructuous if the litigation concerns a matter that has already taken place: Madras High Court | A litigation which concerns a matter that had taken place in the past cannot be allowed since there would be no effective progress and the suit would just remain pending in the court of law. Since such a suit would serve no purpose, it will become infructuous. This was decreed by The Hon’ble Mr. Justice C.V. Karthikeya... | 1IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON: 21.06.2021 PRONOUNCED ON: 01.07.2021CORAM:THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYANC.R.P.No. 35519AndC.M.P.No. 232919THE MUDALIAR EDUCATIONAL TRUSTRepresented by its Secretary K.K.BalusamyHaving registered office at:No.1 South Hanumandarayan Kovil Street... Petitio... |
Trial Court cannot direct sentence of life imprisonment for remainder of natural life: Supreme Court of India | A trial court while sentencing an accused to life imprisonment cannot order that such imprisonment is for the remainder of his/her natural life; only High Courts and the Supreme Court have the power to direct the same. Supreme Court of India bench including Hon’ble Justice Indu Malhotra and Justice Ajay Rastogi gave th... | The sole accused appellant faced trial for committing the dated 1st July 2013 and confirmed by the High Court on appeal preferred at his instance being dismissed by judgment impugned dated 13th December 2018 the appellant has preferred this appeal married with Ajay Kumar S o Sajjan Singh and from this wedlock she had t... |
Incriminating evidence is required to convict – Bombay High Court | Bombay High Court held that mere non-explanation on the part of the appellant, by itself cannot lead to proof of guilt against the appellant held by Justice Smt.Sadhana S.Jadhav and Justice N.J. Jamadar in the case of Sachin Subhash Londhe Vs State of Maharashtra [Criminal Appeal No 714 of 2016]. In the present case, t... | cri. apeal no.714.16 judgment.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 714 OF 2016 Sachin Subhash Londhe Age 25 yrs. Resident of Peth Taluka Walva District Sangli State of Maharashtra At the instance of Islampur Police Station Tal. Walwa Dist. Sangli in respect o... |
A mere rule of preference meant to give weightage to the other qualification cannot be enforced as a rule of reservation or rule of complete precedence: The High Court of Gauhati | When an advertisement stipulates a particular qualification as the minimum qualification for the post and further stipulates that preference should be given for higher qualification, the only meaning it conveys is that some additional weightage has to be given to the higher qualified candidates and that by no stretch o... | Page No.# 1 7 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 929 2017 RATUL DEKA S O. LT. BISHNU RAM DEKA R O. HABERIKURA P.O. PUTHIMARI P.S. KAMALPUR DIST. KAMRUPM ASSAM THE STATE OF ASSAM and 3 ORS. REP. BY THE SECRETARY LEGISLATIVE DEPTT. GOVT. OF ASSAM DISPUR GUW... |
Mental trauma cannot be ignored even if physical cruelty has been stopped by the husband: Jharkhand High Court | Although the physical cruelty committed in the house of marriage may not have stopped and those actions do not take place in a family home it may not be clear that the psychological trauma and distress caused by the actions of the husband, which, if any, obliged the woman to leave the house of the marriage and shelter ... | 1 Cr. Revision No. 495 of 2012 IN THE HIGH COURT OF JHARKHAND AT RANCHI Amrendra Kumar son of Gorak Nath Ganjhu ..... … Petitioner 1. The State of Jharkhand. 2. Punita Devi w o Amrendra Kumar .…. … Opposite Parties Versus CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Opposite Party Stat... |
Surender Kaushik and Ors v. State of Uttar Pradesh and Ors | A person should not be vexed twice. FIR No. 274 of 2012 was lodged by the appellant No. 1, Surender Kaushik, as the Secretary of Sanjeev Memorial Education Society on 29.5.2012 against Dr. Subhash Gupta, Dr. Harshu Gupta and Yunus Pahalwan, members of the society, alleging that in collusion with one Surya Prakash Jalan... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.305 OF 2013 Arising out of S.L.P.No. 92712 Surender Kaushik and others State of Uttar Pradesh and others JUDGMENT Dipak Misra J The present appeal by special leave is directed against the order dated 12.10.2012 passed by the Division Bench of the High Court of J... |
The Court directed the trial court to serve notices and hear the matter on application for ad-interim relief: High Court of Shimla | High Court directs the Court to list the matter, when it would proceed to hand over notices for effecting service upon the respondents/defendants directly under Order 5 Rule 9-A CPC and then proceed to fix the matter for consideration, when arguments on the application for ad-interim relief shall be heard by the Court ... | Hig h C o urt of H.P on 25 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACMPMO No.1021. Date of decision: 24.04.2021.Meena .....Petitioner.VersusMohit Kumar Gupta and another …...Respondents.CoramThe Hon’ble Mr. Justice Tarlok Singh Chauhan Judge.Whether approved for reporting 1 YesFor the Petitioner :Mr. Romesh... |
Custodial violence is loathsome & is unacceptable in a civilized society: Supreme Court of India | If any person dies because of custodial violence, it is abhorrent in law and completely unacceptable. It violates the rights guaranteed under Article 21 of the Constitution and affects humanity. Supreme Court of India gave the decision considering the above-cited reasons in the case of Parvat Chandra Mohanti vs. State ... | IN THE CRIMINAL APPELLATE JURISDICTION 2021 arising out of SLPIPC to undergo R.I. for eight years and accused Pravat Chandra Mohanty under Section 304to undergo R.I. for five years. Both the accused were further sentenced under Section 471 IPC read with Section 466 IPC to undergo R.I. for three years and R.I. for three... |
Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC: Supreme Court | Cheating is an essential ingredient for an act to constitute an offence under Section 420 IPC. Cheating is defined under Section 415 of the IPC. In the matter of Archana Rana vs. State of Uttar Pradesh [CRIMINAL APPEAL NO. 167 OF 2021], the Court held cheating as an essential ingredient for an offence under Section 420... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 167 OF 2021 State of Uttar Pradesh and another JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2019 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No. 5213 of 20... |
Re-litigation of similar issues decided in previous orders cannot be permitted: Delhi High Court | Abuse of the process of court cannot be permitted, the court observed that the Petitioner’s contention have earlier been considered in the previous order and the current petition would again lead to investigation of the similar facts which cannot be permitted. Hence the division bench refused to entertain re-litigation... | VC 10 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd December 2020 W.P.10853 2020 CM APPL. No.34028 2020H.C. RAM NARESH UNION OF INDIA & ORS Petitioner Through: Mr. R.K. Shukla with Ms. Bhawna Massey Advocates Through: Mr. Ripudaman Bhardwaj CGSC for UOI with Mr. Kushagra Kumar Mr. Ashu Pathak Advocates... |
The post-mortem report shows that the petitioners may not be responsible for the death as it was due to asphyxia by hanging: High Court of Patna | The petitioners apprehended arrest under Section 304(B) of the Indian Penal Code, “Dowry death. Where the death of a woman is caused by any bodily injury within seven years of her marriage by her husband or any relative of her husband”, Section 120(B), “Punishment of criminal conspiracy”, Section 34 IPC, “Acts done by ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.377020 Arising Out of PS. Case No. 330 Year 2020 Thana SIWAN MUFFASIL District Siwan Ramnath Sah aged about 55 yearsS o Late Bachan Sah 2. Gandhari Devi aged about 50 yearsW o Ramnath Sah Tuntun Sah aged about 35 yearsS o Ramnath Sah 4. Niraj Kumari @ M... |
Reinstatement is not an automatic consequence of wrongful termination: Delhi High Court | The Supreme Court has clearly recognised the fact that reinstatement is not an automatic consequence of wrongful termination, especially when the Workman has during the pendency of litigation, not performed any services with the Management as upheld by the Hon’ble High Court of Delhi through the learned bench led by Ju... | 3 to 6 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25th November 2021 W.P.(C) 10953 2020 M S G4S SECURE SOLUTIONS INDIA PVT. LTD. ..... Petitioner Through: Mr. Gulshan Chawla & Ms. Smiriti Kumari AdvocatesSH. SANJEEV PAWAR G4S SECURE SOLUTIONPVT. LTD Through: Mr. Ajit Kumar Singh Advocate. W.P.(C) 10977 2... |
The word ‘may’ used in Section 148 of NI Act is to be construed as ‘shall’ and not as an exception for which Court has to assign special reasons: High Court of Delhi | Important conditions which are required to be complied before directing interim compensation are that the trial should be a summary trial or a summons case and the petitioner had pleaded not guilty. It was observed that the word ‘may’ used in Section 148 of Negotiable Instruments Act is to be construed as a rule as ‘s... | IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 13th January 2022 W.P.(CRL) 68 2022 and CRL.M.A. 732 2022SURYODHAN TYAGI PROPREIETER OF TYAGI TENT HOUSE ANR. Petitioner Represented by: Mr.Ram Bhadauria Advocate. TIRENDER SHARMA Respondent Represented by: Mr.Vivek Kumar Advocate for the respondent with respondent i... |
A Company and its directors are separate identities: Delhi High Court | A company and its employees are to be treated as separate identities since and there should exist no concept of vicarious liability in terms of repayment of loans on the part of the employees, unless the contrary is stated in express terms. The lifting of the corporate veil was observed by the Supreme Court in the matt... | Sanjiv Kumar Mittal vs Deputy CommissionerCgst ... on 6 November 2020 Delhi High Court Sanjiv Kumar Mittal vs Deputy CommissionerCgst ... on 6 November 2020 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.5590 2020 & CM APPL.20200 2020 SANJIV KUMAR MITTAL ...... Petitioner Through: Ms. Pritha Srikumar Iyer Advocate with Ms... |
Plaintiff must lead evidence first when the defendant do not admit to the facts pleaded by the plaintiff: High Court of Delhi | It is the general rule that the plaintiff must lead evidence first, however, when the defendant admits to the facts pleaded by the plaintiff, the plaintiff could be relieved of such burden as per Order XVIII Rule 1 of the CPC. It is for the plaintiff to lead evidence first, It is only when the defendant admits to the f... | IN THE HIGH COURT OF DELHI AT NEW DELHI RAJNISH GUPTA & ANR. Plaintiffs Date of Decision : 23rd February 2022 CS(OS) 332 2021 Through: Mr. Mohit Chaudhary Mr. Kunal Sachdeva and Ms. Anubha Surana MUKESH GARG Defendant Through: Mr. Amit Vohra Advocate. HON BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL J.VIA VIDEO CO... |
Remuneration for work when appointment was done correctly must be paid: Patna High Court | Remuneration for work performed at the position of Aaganbari Sevika for almost a year if t has not been paid, it must be paid or else the petitioner is entitled to interest at the rate of 12% per annum on the salary arrears is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. ... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.102220 Puja Kumari W o Umashankar Kumar Resident of village Chotki Masaurhi P.s. Masaurhi District Patna ... Petitioner s The State of Bihar through its Principal Secretary Welfare Department Government of Bihar Patna The Principal Secretary Depar... |
Work stop notice solely on the ground that mobile phone tower is harmful for the health is not sustainable: High Court of Delhi | There is no scientific data available to show that installation of mobile phone tower and emission of waves by the said tower is in anyway harmful for the health or hazardous to the health of citizens. There is no conclusive data to the said effect. These studies have been conducted under the aegis of WHO. The studies ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 23rd February 2022 W.P.(C) 11831 2021& CM APPL. 36584 2021 INDUS TOWERS LTD Petitioner NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr. Rohit Jain Advocate For the Respondents: Ms. Khushboo Naha... |
Statement by the accused do not form strong grounds for apprehending arrest of the Petitioner: High Court Of Patna | The Petitioner was apprehended arrest and was alleged to have delivered a trolley full of liquor by the accused. On investigation and considering the facts and circumstances the court found that the allegation was based on the statement of the accused only. The Court cannot rely on a mere statement by the accused and h... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20521 Arising Out of PS. Case No. 649 Year 2019 Thana PATNA GRP CASE District Patna Amit Kumar aged about 28 years Gender Male son of Devendra Singh resident of village LodipurP.S. Punpun District Patna ... Petitioner s The State of Bihar ... Opposite P... |
Merely getting relief from the court as presently sought may not constitute sufficient relief for the plaintiff : Delhi High Court | Court truly holds the highest power when it comes to justice and it has the right to provide relief to parties as it deems appropriate. This was held in the judgment passed by a single judge bench HON’BLE MR. JUSTICE JAYANT NATH, in the matter of ALOK KUMAR LODHA V. ASIAN HOTELS (NORTH) LTD [CS(COMM) 189/2020], dealt w... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 16.08.2021 Judgment Pronounced on: 15.09.2021 CS(COMM) 189 2020 ALOK KUMAR LODHA Through: Mr.Avishkar Singhvi and Mr.Nipun Plaintiff Katyal Advs. ASIAN HOTELSLTD. ..... Defendant Through: Mr.Vikram Nankani Sr.Adv. with Kumar Mr.Sanjay Aggarwal Singh Ms.Aaka... |
The principal consideration to be decided in the writ of Habeas Corpus for custody of minor is whether the custody is illegal or not: Allahabad High Court | The custody of a minor child who has lived with her maternal grandparents since a very tender age is not unlawful or illegal. Such an observation was held by the Hon’ble Allahabad High Court before Hon’ble Justice Dr. Yogendra Kumar Srivastava in the case of Reshu @Nitya and ors vs State of UP and ors [HABEAS CORPUS WR... | Shukla Ramanuj Yadav Virendra Kumar Yadav Counsel for Respondent : G.A. Abhinav Gaur Ankur Verma Manoj Kumar Rajvanshi Prakash Chandra Yadav Hon ble Dr. Yogendra Kumar Srivastava J Heard Sri M.D.Mishra along with Sri Ramanuj Yadav learned counsel for the petitioners Sri Vinod Kant learned Additional Advocate General a... |
Forum Shopping- To sought for bail under the pretext of challenging the constitutionality of a law is highly deprecated and in such instances bail should not be Allowed: Supreme Court of India | After realizing that the learned Single judge hearing his bail application would not grant him bail, the accused herein had withdrawn that application and had then proceeded to file a writ petition before the High Court challenging the vires of certain sections of the Maharashtra Control of Organised Crime Act (MCOCA).... | 1. Feeling aggrieved and dissatisfied with the impugned order 4639 of 2018 by which the Division Bench by way of an interim relief directed the respondent herein accused be Station the State of Maharashtra has preferred the present 2. At the outset it is required to be noted that the present is a glaring example of fou... |
Doctrine of Part Performance under TPA could be raised only if there is an agreement between the parties: High Court of Delhi | Doctrine of Part Performance as enshrined in Section 53A of the TPA (Transfer of Property Act, 1882) could be raised if there is an agreement between the parties. 53A expressly provides that the transferee should have taken possession of the property or if he being already in possession should continue in possession an... | CS195 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 07th February 2022 + CS(OS) 195 2021 I.A. Nos.4937 2021& 4939 2021(by the plaintiff under Order XI Rules 12 & 14 read with Section 151 CPC read with Sections 65 66 & 68 of the Indian Evidence Act 1872) & 11758 2021SUNIL KUMAR CHATURVEDI..... Plaintiff ... |
Contempt petition filed under section 11 of Contempt of Courts Act, 1971 barred – Madras high court | Contempt petition filed under section 11 of Contempt of Courts Act, 1971 barred – Madras high court The petitioners filed a contempt petition praying to initiate contempt proceedings against contemnors 1 and 2 and to punish them for deliberately misleading the Court to pass the orders in W.P.(MD)No.8037 of 2020. The p... | Cont. P(MD)No.4421BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 14.06.2021CORAM:THE HONOURABLE MR.JUSTICE G.R.SWAMINATHANCont. P(MD)No.4421inW.P(MD)No.80320Mahasemam Trust A Public Trust Rep. by its Trustee Dr.Prabu Vairavan Prakasam Having its registered office at 519 16th Street Karpaga Nagar K.Pudur Madurai 62... |
A shared household is a household belonging to a husband’s relative where the wife has lived in a domestic relationship: High Court of Delhi | A shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. The respondent in a proceeding under Domestic Violence Act can be any relative of the husband. In event, the shared household belongs to any relativ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18th February 2022 Decided on : 24th February 2022 RFA 832 2018 & CM APPLN No.54495 2019 RAVNEET KAUR Through : Mr.Sahilendra ..... Appellant Ms.Aroma S Bhardwaj Advocates. PRITHPAL SINGH DHINGRA ..... Respondent Through : Mr.Rajat Wadhwa Mr.Aman Luthra Kapoor Mr.Ad... |
Lakhwinder Singh Vs. Union of India & Ors. | The active service of an officer during War and Battle Awards and Honours earned during such action, is one of the several factors to be taken into consideration by the Special Selection Board in recommending promotion. That the Petitioner has actively fought various combats and participated in various operations from ... | IN THE CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(CIVIL) NO.8501 OF 2007 Lakhwinder Singh Union of India & Ors JUDGMENT ALTAMAS KABIR J This Special Leave Petition is directed against the judgment and order dated 22nd March 2007 passed by the Delhi High Court dismissing Writ Petition No. 8906 filed by the peti... |
LALYA V/S THE COMMISSIONER OF POLICE AND ORS. | Detention is based not on facts proved as per Evidence Act or Cr.P.C. but on the subjective satisfaction of the detaining authority that detention is necessary for prevention of prejudicial activities in future The petitioner- Lalya @ Kishor Arun Waghmare has been detained pursuant to the detention order dated 20.8.201... | Appeal186 of 2001 Special Leave Petition2436 of 2000 DR.SURAJMANI STELLA KUJUR Vs DURGA CHARAN HANSDAH & ANR DATE OF JUDGMENT: 14 02 2001 K.T.Thomas R.P.Sethi SETHI J Leave granted. Who is a "Hindu" for the purposes of the applicability of the Hindu Marriage Act 1955 hereinafter referred to as "the Act") is a question... |
Disregarding higher qualification in favour of lower qualifications for filling a vacant post is not legally sustainable: High Court of Bombay | For qualification as a government teacher, B.Ed. Degree with Non-Marathi subject of methodology will not erode the value of Post Graduate Degree in Marathi since qualification for teaching and services is based on set provisions, rules, and guidelines. This auspicious judgment was passed by the High Court of Sikkim in ... | on 01 04 2021 on 02 04 1 W.P. No. 10565 2015 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10565 OF 2015Ashok S o Udhav Kothawaleage 34 years occupation serviceTaluka Washi Dist. Osmanabad...Petitioner VERSUS1.The State of MaharashtraThrough : The Secretary Secondary Education Mantral... |
If the accused refuses to offer an explanation or gives a dishonest response, it might be seen as supplying the missing link in the sequence of events: Gauhati High Court | The incriminating circumstances which point to the guilt of the accused had been put to him, yet he chose not to give any explanation under Section 313 Cr PC except choosing the mode of denial. It is well settled in law that when the attention of the accused is drawn to the said circumstances that inculpated him in the... | Page No.# 1 20 HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) THE GAUHATI HIGH COURT Case No. : CRL.A(J) 126 2018 KAMESWAR MAJHI THE STATE OF ASSAM REP. BY PP ASSAM. Advocate for the Petitioner MR. S KHOUND AMICUS CURIAE Advocate for the Respondent : MR. M PHUKAN(ADDL.PP ASSAM) HONOURABLE MR. JUSTICE N. KO... |
Communicating the ground to the detenu enables him to make effective representations. : Jammu & Kashmir High Court | The phrase ‘communicate’ is a strong one, implying that a sufficient understanding of the fundamental facts underlying the ‘grounds’ should be conveyed to the detainee in writing in a language he understands. The entire point of presenting the ‘grounds’ to the detainee is to allow him to make a useful and effective rep... | Tanveer Ahmad Seergojri vs Union Territory Of J&K And Ors on 14 June 2021 Jammu & Kashmir High Court Srinagar Bench Tanveer Ahmad Seergojri vs Union Territory Of J&K And Ors on 14 June 2021 1 Sr 501 AN HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR No. 458 2020 Reserved on 03.06.2021 Pronounced on 14.06.21 Tanveer Ahmad S... |
The date of issuance of a Letter of Acceptance has to be taken as day “zero” and not day “one”: High Court of Delhi | The legal position that emerges is that law disregards fractions. While calculating the number of days, the fraction of a day has not to be counted. If anything is to be done within a certain time of, from, or after the doing or occurrence of something else, the day on which the first act or occurrence takes place is t... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 24.05.2021 W.P.(C) 7611 2020 & CM. APPLS. 25237 2020 & 13915 2021 M S JAI DURGA ENTERPRISES ….. Petitioner UOI & ORS. Advocates who appeared in this case: For the Petitioner: Mr. Saurabh Bajaj Advocate. For the Respondent: Ms. Rashmi Malhotra Advocate for t... |
Law of limitation binds everybody including the government – Supreme Court | In the case of State of Madhya Pradesh Vs Bherulal [Special Leave Petition (C) Diary No. 9217 of 2020] Supreme Court held that Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed. The Special Leave Petition was filed with a delay of 663 d... | IN THE CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITIONDIARY NO.9217 OF 2020 THE STATE OF MADHYA PRADESH & ORS. Petitioner(s BHERULAL Respondent(s JUDGMENT SANJAY KISHAN KAUL J IA No.62372 2020 CONDONATION OF DELAY IN FILING The Special Leave Petition has been filed with a delay of 663 days! The explanation given in... |
“The appellant, in his appeal, submitted that the date of uploading of the order on SEBI portal was not provided…”: SEBI, Part 1. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Amar Kakaria v CPIO, SEBI, Mumbai (Appeal No. 4375 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 200... | Appeal No. 43721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43721 Amar Kakaria CPIO SEBI Mumbai The appellant had filed an application dated June 26 2021under the Right to Information Act 2005and Mr R.K Jain vs. UPSCNo. 3538 2021 and date of... |
Petitioner denied anticipatory bail in high profile case of monetary fraud: The High Court of Delhi | While analyzing Section 41(1)(b) CrPC. it was observed that when a person is accused of an offence punishable with imprisonment for less than 7 years or which may extend to 7 years with or without fine, not only has the Police officer to be satisfied that the accused has committed the said offence, but he is also requi... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 2nd June 2021 Decided on: 4th June 2021 BAIL APPLN. 1644 2021 BHANU PRAKASH SINGH Represented by: Mr. Manav Gupta Advocate with Petitioner Mr. Zafar Khurshid Mr. Sahil Garg Mr. Ankit Gupta Advocates. STATERespondent Represented by: Mr. Amit Gupta APP for the State w... |
Magnitude of the offence cannot be the only criterion for denial of bail: High Court of Delhi | The object of bail is to secure the presence of the accused at the time of trial. A person who has never been convicted should only be kept in custody if there are reasons to believe that he might flee from justice or tamper with the evidence or threaten the witnesses. If there is no apprehension of interference in adm... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17th January 2022 IN THE MATTER OF: BAIL APPLN. 3750 2021 SUNDER SINGH BHATI ..... Petitioner Through Mr. Pradeep Singh Rana Mr.Ankit Rana Mr.Abhishek Rana Mr.Nitish Pande Advocates THE STATE ..... Respondent Through Mr. Amit Chadha APP for the State with SI Shi... |
Questions regarding where, when and in what condition and when, and by whom are to be answered beyond reasonable grounds: Chhattisgarh High Court | When there is a seizure, questions regarding where, when, and in what condition and when, and by whom are to be answered beyond reasonable grounds. Evidence produced must be sufficient to prove the above-stated conditions. In absence of the evidence, the conviction is not sustainable. A single-judge bench comprising of... | HIGH COURT OF CHHATTISGARH BILASPUR Criminal Appeal No.12114 Judgment Reserved on : 9.2 . 2021 Judgment Delivered on : 8.6.2021 Mahanguram S o Sukara Baghel aged about 48 years resident of School Para Village Gumalwada P.S. Nagarnar Revenue and Civil District Bastar State of Chhattisgarh through Police Station Nagarnar... |
Mrs. Prajakta Mahesh Joshi & Another v. Mrs. Rekha Uday Prabhu & Others | The unilateral appointment of Arbitrator, in such fashion itself was held to be impermissible mode to resolve the disputes by this alternative dispute resolution mode through the Arbitration. The requirement of consent so provided and/or clause so mentioned above, in no way, permits any one party to appoint Arbitrator ... | on 20 02 1arbp 121 2012.sxwdgmIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONARBITRATION PETITION NO. 121 OF 20121 Mrs. Prajakta Mahesh Joshi Indian inhabitant age 35 years residing at Flat No.D514 DevDeveshwar Society Telli Gali Xth Lane Andheri East Mumbai 400 0692 Mr. Mahesh Shrikris... |
Statutory obligation of the Centre and the States to provide nutritional support: Supreme Court of India | It is the statutory obligation of the Centre and the State to provide nutritional support to those who suffer from malnutrition. This was laid down by the honorable Supreme Court of India presided over by J. Ashok Bhushan, J. R. Subhash Reddy and J. M. R. Shah in the case of Dipika Jagatram Sahani vs. Union of India an... | IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO.1039 OF 2020 DIPIKA JAGATRAM SAHANI ...PETITIONER(S) UNION OF INDIA AND OTHERS ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN J. This writ petition has been filed as a Public Interest Litigation under Article 32 of the Constitution of India questioning the closure of the Anga... |
Questions with regard to validity of the respective wills propounded by the parties will be ultimately decided in the Probate proceedings: High Court of Delhi | The Supreme Court in G. Gopal vs. C. Bhasker (2008) 10 SCC 489 has held that if a person who has even a slight interest in the estate of the deceased testator is entitled to file caveat and contest the grant of probate of will of the deceased testator. The same was observed by the Hon’ble High court of Delhi through th... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th October 2021. CM(M) 95 2019 CM No. 2811 2019 & CM No. 16433 2019KAILASH VOHRA ..... Petitioner Through: Mr. Rajat Manchanda Advocate THE STATE & ORS ..... Respondent Through: Mr. Ajay Garg Ms. Tripti Gola and Mr. Mani Shankar Advocates. HON BLE MR. JUSTICE... |
Consent of a child below 18 years to indulge in sexual intercourse is not lawful consent: Madras High Court | If the victim of sexual assault is a child and she falls under Section 2(1)(d) of the POCSO Act, her consent or her lack of objection to indulge in sexual intercourse is not legally valid. A single judge bench of Justice P Velmurugan while adjudicating the matter in Pathiban v. The State; [Crl.A.No.67 1 of 2019], dealt... | Crl.A.No.6719IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 25.02.2021 Delivered on : 19.04.2021CORAM :THE HONOURABLE MR. JUSTICE P. VELMURUGANCrl.A.No. 6719 Parthiban ... AppellantVs.State byThe Inspector of Police W 24 All Women Police Station Teynampet Chennai.... RespondentCriminal Appeal filed under Secti... |
Adjudication proceedings against noticee abated because noticee expired before the issuance of show cause notice – The Securities and exchange board of India | Adjudication proceedings against noticee abated because noticee expired before the issuance of show cause notice – The Securities and exchange board of India SEBI observed large scale reversal of trades in the Stock Options segment of the Bombay Stock Exchange leading to the alleged creation of artificial volume in th... | BEFORE THE ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA ADJUDICATION ORDER NO.: Order RD AP 2021 22 14751] UNDER SECTION 15 I OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH RULE 5 OF THE SECURITIES AND EXCHANGE BOARD OF INDIARULES In respect of: Mahesh Kumar Agarwala PAN: AADHM3430K In ... |
For granting bail u/s 37 of the NDPS Act, it has to be prima facie shown that the accused is not guilty: High Court of Delhi | It has to be shown prima facie that the accused is not guilty of such offence and also that there is an embargo u/s 37 of the NDPS Act in granting bail to the accused. The Court should have satisfaction with regard to likelihood of him not committing the offence under the Act or any offence whatsoever and the same was ... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 3045 2019 KALE RAM @ KALU RAM Reserved on: Pronounced on: 08.02.2022 10.03.2022 .....Petitioner Through: Mr. A.K. Sahu Advocate with petitioner produced Versus NARCOTICS CONTROL BUREAU .....Respondent Through: Mr. Subhash Bansal Sr. St. Counsel with Mr. Shashwat Bans... |
The FIR is not an encyclopedia but can be used for corroborating the maker of the report – Jharkhand high court | The FIR is not an encyclopedia but can be used for corroborating the maker of the report – Jharkhand high court The criminal appeals are directed against the judgment and order of conviction and sentence passed by learned sessions judge S. T. No. 22 of 2010 in which the appellants were convicted for the charge under Se... | Criminal AppealNo. 5014 Criminal AppealNo. 2513 Criminal AppealNo. 5913 Against the judgment of conviction and order of sentence dated 15.03.2013 passed in S. T. No. 210 by Sri Satyendra Kumar Singh Sessions Judge Dhanbad. Sapan Hadi Gujra Dome 1.Santosh Hadi 2Manoj Hadi Versus The State of Jharkhand … … Appellant in ... |
An elected person cannot be dismissed in an unceremonious manner without completing the legal procedure: Tripura High Court | The elected official is accountable to its electorate because he is being elected by a large number of voters. His removal has serious repercussions as he is removed from the post and declared disqualified to contest the elections for a further stipulated period, but it also takes away the right of the people of his co... | HIGH COURT OF TRIPURA W.P.(C) No. 3120 1. Shri Debasish Mazumder S O Sri Milan Chandra Mazumder resident of Shantir Bazar P.O. and P.S. Shantir Bazar District South Tripura. 2. Indrajit Das S O Late Braja Lal Das Resident of R.K. Ganj P.O. and P.S. Shantir Bazar District South Tripura. 3. Smt. Anita Reang Sri Ratan Rea... |
Probation period is included in the mandatory minimum sentence for offences under IPC: Supreme Court of India | Probation u/s Probation of Offenders Act, 1958 isn’t excluded from the provisions of the mandatory minimum sentence for offenses under the Indian Penal Code. This decision was taken by the bench of the Supreme Court of India comprising of Hon’ble Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy in the case of Lakh... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs.47 48 OF 2021 Arising out of SLP(Crl) Nos.6283 6284 2020 LAKHVIR SINGH ETC ….Appellants THE STATE OF PUNJAB & ANR JUDGMENT SANJAY KISHAN KAUL J The appellants were youngsters aged 20 and 19 years when they fell foul of the law. On 14.02.2003 at around 7.30 p.m.... |
High Court cannot seat as Appellate Authority involving terms of contract and its role is confined only to see any infirmity in the decision making process: Odisha High Court | “…for cancellation of the previous tender process, they are to go for fresh tender process for supply and commissioning of same objects, it will be abided by such commitments.”, this remarkable stand was forwarded by Odisha HC in the writ appeal case of ASCENOER Lift & Automation Private Ltd v. State of Odisha &... | IN THE HIGH COURT OF JUDICATURE FOR ORISSA AT C U T T A C K W.P.(C) No.161719 ASCENOER Lift And Automation Private Limited Bhubaneswar State of Odisha & another Advocate(s) who appeared in this case through Video Conferencing mode: Opp. Parties Petitioner Versus For petitioner M s. T.K. Mishra P. Bastia For Opposite pa... |
The National Green Tribunal’s adjudicatory function cannot be delegated to expert committees: Supreme Court | The Supreme Court stated that the National Green Tribunal’s adjudicatory duty cannot be delegated to committees. The bench of Justices DY Chandrachud, MR Shah, and Hima Kohli observed that tasking committees to carry out a job that vests in the tribunal cannot eliminate the tribunal’s ability to fulfil its powers. An a... | IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 45421 Sanghar Zuber Ismail Appellant(s Ministry of Environment Forests and Climate Change and Another O R D E R Dr Dhananjaya Y Chandrachud J This appeal arises from a judgment of the National Green Tribunal dated 8 June 2021 at the Principal Bench New Delhi The appea... |
Teacher will be benefited from the date of entry service into the university: Supreme Court | “Though the earlier service is to be counted for the purpose of giving benefit of promotion, but effective date for all purposes is only from the date of entry of first respondent into the University service, i.e, 28.10.2013.”, this remarkable stand was forwarded by Hon’ble Supreme Court, in a three judge bench chaired... | SLP(C) No. 8088 2020 IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4079 OF 2020 Arising out of S.L.P.(C) NO. 8088 OF 2020 Registrar Karnataka University & Anr. Appellant(s Versus Dr. Prabhugouda & Anr Respondent(s JUDGMENT R.Subhash Reddy J This civil appeal is filed by the Karnataka University at Dharwad throug... |
The husband cannot use deception to deny her the right to a dignified life: Tripura High Court | The husband is unable to take subterfuges to rob her of a dignified life. As the solemn undertaking was required in marriage, and as a result, it is also a duty on the husband to see that the wife does not become an impoverished, beggar, acting following the statutory law governing the region. A circumstance should not... | HIGH COURT OF TRIPURA Crl.Rev.P.No.320 Ramendra Kishore Bhattacharjee Son of Late Santi Gopal Bhattacharjee Resident of Badharghat Sreepalli P.S. Amtali District West Tripura Smt.Madhurima Bhattacharjee Wife of Ramendra Kishore Bhattacharjee C O Sri Tapan Bhattacharjee of Ramnagar Road No.4 P.S: West Agartala District:... |
Alleged of open firing and killing the informant’s son in the name of caste rivalry denied bail as per Section 302/34 of Indian Penal Code: High Court of Patna | Petitioners were alleged to open firing and killing the son of the informant. The petitioner tried furnishing the grounds that the same has been done by the opposite party and that they have been the rivalry castes and they didn’t have good relations in past as well. the petitioner was denied bail and the Court dismiss... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.355620 Arising Out of PS. Case No. 99 Year 2020 Thana GAYA MUFASIL District Gaya Lalan Yadav aged about 40 yearsSon of Sidheshwar Yadav 2. Guddu Yadav @ Army @ Guddu Kumar aged about 35 yearsSon of Sidheshwar Yadav District Gaya Both petitioner no. 1 an... |
“Respondent will face jail time if he does not deposit the said amount”: Supreme Court, Part 1. | In context of the Criminal Appeal No .894 Of 2021, Samaul Sk. vs. The State of Jharkhand & Anr., Justice Sanjay Kishan Kaul passed the judgment. In this case, Hena Bibi, respondent No.2/complainant claimed to be the legally married wife of the appellant, the marriage having been solemnised on 8th February, 2000, as... | NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO .894 OF 2021 … APPELLANT THE STATE OF JHARKHAND & ANR. …RESPONDENTS JUDGMENT SANJAY KISHAN KAUL J Hena Bibi respondent No.2 complainant claimed to be the legally married wife of the appellant the marriage having been solemnised on 8.2.2000 as per... |
Recourse to Article 224A, not a substitute for regular appointments: Supreme Court of India | We clarify that if recommendations have not been made for more than 20% of the regular vacancies then the trigger for recourse to Article224A would not arise. This was said in the case of Lok Prahari through its General Secretary V N Shukla IAS (Retd) vs Union of India and others [WRIT PETITION (C) NO. 1236 OF 2019] in... | REPORTABLE IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO. 1236 OF 2019 LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N. SHUKLA .. PETITIONER(S UNION OF INDIA & ORS. .. RESPONDENT(S JUDGMENT The intent of our order today is to activate a dormant provision of the Constitution of India Article 224A for the appointment... |
You cannot claim the benefit of military service for purpose of seniority for appointment to Punjab Civil Service: Supreme Court of India | The appellant was not entitled to claim the benefit of military service for purpose of seniority for appointment to Punjab Civil Service (Executive Branch) since the benefit of Rule 4(1) of 1972 Rules was not continued in 1982 Rules. This auspicious judgment was passed by the Supreme Court of India in the matter of JAG... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4616 4618 2010 JAGMOHAN SINGH DHILLON ETC.ETC ...APPELLANT(S) SATWANT SINGH & ORS ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J These appeals have been filed against the Division Bench Judgment of High Court of Punjab and Haryana dated 28.07.2009 in LPA No.2107 with LPA N... |
In cases where the builder fails to obtain the occupation certificate, it will be considered as a “deficiency” under section 2(1)(d) of Consumer Protection Act 1986: Supreme Court | Failure to obtain the occupation certificate after the transfer of property to the consumer will be considered as a “deficiency” under Consumer Protection Act 1986 and hence the consumers or residents can be granted compensation as a relief for the excess of tax that they have been paying on basic facilities, this broa... | Reportable IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 40019 Samruddhi Co operative Housing Society Ltd. … Appellant Mumbai Mahalaxmi Construction Pvt. Ltd. …Respondent JUDGMENT Dr Dhananjaya Y Chandrachud J A Factual Background ................................................................................. 3... |
The only precious and valuable right guaranteed to a detenu is of making an effective representation against the order of detention: High Court of J&K and Ladakh | An effective representation can only be made by a detenu when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority for arriving at the requisite subjective satisfaction to pass the detention order as held by the Hon’ble High Court of J&K and Ladakh through ... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Case no.No. 21 2021 Reserved on 21.10.2021 Pronounced on 03.11.21 …Petitioner Mr. Aftab Ahmad adv. Mehraj ud din Ganaie Govt of J&K and ors Through : Mr. B.A Dar Sr. AAG Hon’ble Mr. Justice Ali Mohammad Magrey. JUDGMENT Detenu Mehraj ud din Ganaie son of Abdul Rehman... |
Application stands non-maintainable if the petitioner escapes: High court of Patna | The petitioner was arrested under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, “Penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, distribution, etc. of any intoxicant or liquor, whoever, in contravention of any provision of this Act or of any rule, regulation, an o... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 88621 Arising Out of PS. Case No. 210 Year 2020 Thana SIMRI District Buxar Birendra Paswan @ Birendra Kumar Paswan Male aged about 20 years Son of Dharmdev Paswan @ Barhmdev Paswan Resident of Village Balihar Paswan Tola PS Simari District Buxar The St... |
Trivial mistake without grave prejudice not a sustainable stand – Supreme Court | In the case of M/S. L&T Housing Finance Limited Vs M/S. Trishul Developers and Anr. [Civil Appeal No. 3413 of 2020] Supreme Court set aside the judgement of the Karnataka High Court. The bench comprised of Justice L. Nageswara Rao, Justice Hemant Rao and Justice Ajay Rastogi. The appellant was a Housing Finance Co... | The instant appeal is directed against the impugned Bench of the High Court of Karnataka at Bengaluru in Writ Petition No.22137 of 2019 wherein the High Court while reversing the finding returned by the Debt Recovery Appellate Tribunal in its order dated 16th April 2019 upheld the order of the Debt Recovery Tribunal da... |
Section 311 cannot be used to prolong the trial: Delhi High Court | Section 311 of the CrPC provides courts the power to summon any person as witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined if it appears to be essential for adjudication of the case but the said power has to be exercised with care and c... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 1721 2021 & CRL.M.A. 11963 2021Date of decision: 23rdAugust 2021 SHRI CHAND ..... Petitioner Through Mr. Mohinder Nath Dudeja Advocate IN THE MATTER OF: CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through Mr. Anupam S Sharrma SPP with Mr. Prakarsh Airan and Ms. Har... |
Union Of India V/S Simplex Infrastructure Ltd | “A negative import that only such acts as are mentioned in the Act are permissible to be done and acts or things not mentioned therein are not permissible to be done” The factual matrix of this case is the Respondent being the lowest bidder was allotted a contract by the Appellant in respect of work styled as “Construc... | REPORTABLE IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4892 4893 OF 2017 Arising out of SLPNos. 33363 333616 Union of India …. Appellant M S. Simplex Infrastructures Ltd. .... Respondent JUDGMENT A.M.KHANWILKAR J The short question that arises for consideration in this appeal is: whether an intra Court Lette... |
Common intention enough to convict in absence of direct evidence – SC | In the case of Subed Ali And Others Vs The State of Assam [Criminal Appeal NO 1401 of 2012] Supreme Court held that it is not necessary that before a person is convicted on the ground of common intention, he must be actively involved in the physical activity of assault. The accused were charged under Section 34 and 302... | Judge North Lakhimpur has been affirmed by the High and a default stipulation. Thus the present appeal by the The prosecution alleged that the two deceased Abdul Motin and Abdul Barek were assaulted on 05.08.2005 at Abdul Motin died in the hospital during the course of Shri Gaurav Agrawal learned counsel for the acquit... |
Once bail is granted, it should not be cancelled in a mechanical manner without there being any supervening circumstances: High Court of Delhi | Rejection of bail when bail is applied for is one thing and cancellation of bail already granted is quite another. It is easier to reject a bail application in a non-bailable case than to cancel a bail already granted. Cancellation of bail necessarily involves the review of a decision already made and can by and large ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on : 10.01.2022 SHAIL ANAND AND ANR Through: Mr. Satish Aggarwala Sr. SPP and Mr. Gagan Vaswani Advocate .... Petitioner Through: Mr. Akshay Anand Advocate with Ms. Prarthana Gund Ms. Archana and Mr. Tushar Anand CRL.M.C. 2019 2020 and CRL. MA. 15157 2020 .... Petition... |
Appeal filed under Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 allowed, appellants granted anticipatory bail: Karnataka High Court | There is absolutely no mention in the said death note about any of his superiors including the present appellants had ever abused him with caste related insulting words. This was said in the case of Jayraj Acharya vs The State Of Karnataka [CRIMINAL APPEAL NO.527/202] by Justice P.Krishna Bhat in the High Court of Karn... | IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 23RD DAY OF APRIL 2021 THE HON BLE MR.JUSTICE P.KRISHNA BHAT CRIMINAL APPEAL NO.527 2021 JAYRAJ ACHARYA S O LATE DAMODARA AGED ABOUT 32 YEARS OCC : STORE MANAGER R AT RELIANCE DIGITAL DAVANGERE 577002. LOKESH J S O JAY SHETTY AGED ABOUT 31 YEARS OCC : DEPARTMENTAL... |
If the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument.: Supreme Court of India | If a tenant claims that he is entitled to possession of a Secured Asset for a term of more than a year, it has to be supported by the execution of a registered instrument. if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the tenant is not entitled to ... | These appeals are directed against the Orders dated by the Chief Metropolitan Magistrate Esplanade Mumbai rejecting HDFC Bank the first respondent herein from taking possession of and 3of Rs.5 50 00 000 Mumbai for short “the Secured Asset”) in favour of the Bank with an The accounts of the Borrowers were declared as n... |
Prosecution must attract the ingredients of all the offences alleged: Kerala High Court | The trial court must consider whether the materials produced by the prosecution, prima facie, attract the ingredients of all the offences alleged against the petitioner. The petitioner is at liberty to raise before the court all his contentions for a fair trial. This contention had been upheld by the Kerala High Court ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI THURSDAY THE 11TH DAY OF FEBRUARY 2021 22ND MAGHA 1942 Crl.Rev.Pet.No.603 OF 2020 AGAINST THE PROCEEDINGS DATED 27.07.2020 IN CRL.M.P.2614 17 IN CC 3 2017 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE KOTTAYAM S O C.K. NARAYANAN AGED 61... |
Submission of Documents in Support of Claim Necessary for Consideration: High Court of Jammu & Kashmir and Ladakh | The necessity of service of shortfall or stop work notice, under Section 452 of the Code of Criminal Procedure, 1973, was considered in an Order by the HIGH COURT OF JAMMU & KASHMIR AND LADAKH, before a bench consisting of Hon’ble Justice Mr. Cheekati Manavendranath Roy, in the WRIT PETITION No.643 OF 2022, on 21.0... | The necessity of service of shortfall or stop work notice under Section 452 of the Code of Criminal Procedure 1973 was considered in an Order by the HIGH COURT OF JAMMU & KASHMIR AND LADAKH before a bench consisting of Hon’ble Justice Mr. Cheekati Manavendranath Roy in the WRIT PETITION No.643 OF 2022 on 21.01.22. T... |
Mere application of mind by P.P is not enough to invoke section 321 of Cr.P.C : Sikkim High Court | The essential requirements that need to be fulfilled in order for a public prosecutor to obtain consent from the court to withdraw a petition in light of no case being made out under section 321 of the Cr.P.C were illustrated by the High Court of Sikkim at Gangtok. The single bench consisting of Justice Bhaskar Raj Pra... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Revisional Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Crl. Rev. P. No. 20 State of Sikkim Through Vigilance Department Versus ….. Revisionist Asal Kumar Thapa The then Director Food Security & Agriculture Development Department Government of... |
The incident having occurred prior to amendment, the preamended provision will have to be taken note: Supreme Court | Taking into consideration all facts including that no material is available on record to indicate that the appellant has any criminal antecedents and that he is also a father of five children, it appears that there is no reason to apprehend that the appellant would indulgence similar acts in future as held by the Hon’b... | dated 14.03.2018 passed by the High Court of Judicature at the appellant by the Additional Sessions Court and Special report dated 09.08.2013 at 22:35 hours before the police alleging therein that one Ramasre alias Siri had enticed his her away. In the said complaint it was further alleged that the appellant herein had... |
‘Loss of Consortium’ in Motor Accident claim can be awarded to children and parents | The Hon’ble Supreme court of India in New India Assurance Co Ltd. V. Somwati [Civil Appeal No. 3093 of 2020] it was held by the Hon’ble court that in case of Motor Accident Claims, Compensation for loss of Consortium can be awarded to Children and Parent also. The bench of Hon’ble Justice Ashok Bhushan and R. Subhash... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3093 OF 2020 ARISING OUT OF SLP(C) NO. 23478 OF 2019 THE NEW INDIA ASSURANCE ...APPELLANT SMT. SOMWATI AND OTHERS ...RESPONDENTS CIVIL APPEAL NO.3094 OF 2020 ARISING OUT OF SLP(C) NO. 4801 OF 2020 THE NEW INDIA ASSURANCE ...APPELLANT SMT. SANGITA AND OTHERS ...RESPOND... |
Recoveries made in the absence of any evidence cannot be termed sufficient to prove the case beyond reasonable doubt: Supreme Court of India | Course circumstances like recovery of clothing apparel as well as tiffin box etc., in the absence of any other material evidence on record pointing towards the guilt of the accused, cannot be termed sufficient to hold that the case was proved beyond reasonable doubt. This honorable judgement was passed by Supreme Court... | NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1306 OF 2017 YOGESH STATE OF HARYANA CRIMINAL APPEAL NO.1307 OF 2017 ANUJ STATE OF HARYANA CRIMINAL APPEAL NO.1308 OF 2017 PARDEEP STATE OF HARYANA JUDGMENT Uday Umesh Lalit J. These appeals arise out of the common judgment and final order dated 0... |
Continuing with the trial serves no purpose once after the complainant herself give quietus to the misunderstanding: Delhi High Court | It serves no useful purpose in continuing with the trial if the complainant herself accepts that made the complaint due to a misunderstanding. An FIR under Sections 376/506 IPC, registered at police station Shakarpur, Delhi and all other proceedings arising therefrom were quashed in the matter of Ashish Kumar Sagar vs.... | IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 11.02.2021 CRL.M.C. 389 2021 & Crl.M.A. 2060 2021 ASHISH @ ASHISH KUMAR SAGAR Petitioner Through: AdvocateTHE STATE & ANR. Through: Mr. G.M.Farooqui Additional Public Respondents Prosecutor for State with SI Smriti Respondent No.2 complainant in HON BLE MR. JUSTICE SU... |
No requirement for criminal process to go on to settle the dispute, when the matter is a civil land dispute: High Court of Uttarakhand. | Where the dispute is one of a civil nature relating to the land in question and the criminal process is being used to settle that dispute and the demarcation report was unsure of the ground situation, then the Apex court observed that there was no requirement to carry on a criminal process in such a case. A single Judg... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 720 Hemant Dwivedi …..Applicant State of Uttarakhand and others Respondents Mr. Rakesh Thapliyal learned Senior Counsel assisted by Mr. Pankaj Chaturvedi learned counsel for the applicant. Mrs. Mamta Joshi learned Brief Holder for the State. No... |
The trauma of a victim does not end with the incident and real-life issues may compel a victim to forgo all the trauma which she had undergone: Bombay High Court | The trauma of a victim does not end with the incident and real-life issues may compel a victim to “forgo all the trauma which she had undergone and to take U turn,” at the time of trial. This was held in Imran Shabbir Gauri vs The State of Maharashtra [CRIMINAL APPEAL NO. 831 OF 2015] in the High Court of New Delhi by ... | on 03 04 2021 on 12 04 Cri.Appeal 831.2015 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 831 OF 2015Imran Shabbir GauriAge: 39 years r o. Flat No.14 Deoashish Building Near Poornima Bus Stop Vaidya Nagar Dwarka Nashik at present in NashikCentral Prison Nashik. ...Appella... |
Commercial Quantity – Quantity Greater than the Quantity Specified in the NDPS Act : High Court of Shimla | The NDPS Act defines commercial quantity as the quantity greater than the quantity specified in the schedule. S. 2 (xxiii-a) defines a small quantity as the quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefined category, which is now generally called as int... | Hig h C o urt of H.P on 20 03 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACr.MP(M) No.3921Date of Decision: 19 th March 2021.Pratyush Thakur ...Petitioner.VersusState of H.P. ...Respondent.Coram:The Hon’ble Mr. Justice Anoop Chitkara Judge.Whether approved for reporting 1 NO For the petitioner:Mr. Rajiv Rai and... |
Plea to treat officer at par with the other colleagues upheld by the court: Delhi High Court | The Delhi High Court, in a matter, upheld the plea of the petitioners filed to be placed at par and demanded equal treatment like all his batch-mates as per Central Civil Service (Temporary Services) Rules, 1965. The same was observed in a recent matter of Kamlesh Singh Kushwaha v. The Director (RL) and Ors. [W.P. (C) ... | 12W.P.(C) 3248 2019 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.09.2021 KAMLESH SINGH KUSHWAHA Through: Mr. Bimlesh K. Singh Adv. ..... Petitioner THE DIRECTORAND ORS. ..... Respondents Through: Mr. Amit Sinha for Mr. R.V. Sinha Sr. G.C Mr. A.S.Singh & Mr. Sharanya Sinha Advs. HON BLE MR. JUSTICE RAJIV... |
Compromise Petition could be treated as the main proof for granting Bail: High Court of Patna | Petitioner was granted bail alleged of giving the wrong medicinal injection to the informant’s nephew. The informant later filed a compromise petition to take back the petition filed previously. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter of Chandra Prakash Gupta[Criminal Misce... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 921 Arising Out of PS. Case No. 210 Year 2020 Thana SAHPUR District Bhojpur Chandra Prakash Gupta @ Bablu aged about 50 years Sex Male Son of Jagdish Gupta Resident of village Shahpur Police Station Shahpur District Bhojpur The State of Bihar ... Petit... |
Writ Petition under Article 226 of the Constitution against a Judicial Order of High Court is not maintainable | The Hon’ble Supreme Court of India in Neelam Manmohan Attavar V. Manmohan Attavar (R) held that a writ petition under Article 226 of the Constitution is not maintainable if filed to challenge a Judicial order of a High court. The division bench comprising of Hon’ble Justice DY Chandrachud and KM Joseph observed that,... | IN THE CRIMINAL ORIGINAL JURISDICTION Transferred CaseNo 20 Neelam Manmohan Attavar Manmohan AttavarThr LRs O R D E R The petitioner instituted a writ petition1 under Article 226 of the Constitution seeking to challenge a judgment dated 31 July 2018 delivered by a Single Judge of the High Court of Karnataka in the exer... |
Health insurance claim agents to be considered as rendering essential services whilst lockdown: Delhi High Court | The present petition before the Delhi High Court deals with mobility issues arising out of the current Covid-19 scenario in India where numerous states are imposing lockdown. The matter before the bench of Pratibha M. Singh J. dealt with the allowance of insurance agents to move around as insurance claims form an unavo... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 06th May 2021 W.P.(C) 5179 2021 MAX BUPA HEALTH INSURANCE CO LIMITED ..... Petitioner Through Ms. Gurmeet Bindra Advocate. GOVERNMENT OF NCT DELHI & ANR. ..... Respondents Through Mr. Santosh Kumar Tripathi Standing Counsel GNCTD with Mr. Aditya P Khanna Advocat... |
Proceedings initiated under Rule 43(b) of the Bihar Pension Rules cannot be converted under Rule 139(b): Jharkhand High Court | It is a settled legal proposition that if a proceeding has been initiated or not completed in course of service under Rule 43(b) of the Bihar Pension Rules, the same cannot be converted under Rule 139(b) of the Bihar Pension Rules, rather the same will be deemed to have been converted under Rule 43(b) of Bihar Pension ... | W.P.No. 68719 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 68719 Jagannath Prasad Sah … … Petitioner V E R S U S 1. The State of Jharkhand 2. The Principal Secretary Water Resources Department Government of 3. The Deputy Secretary Water Resources Department Government of Jharkhand Ranchi Jharkhand Ranchi 4. The Un... |
Provide opportunity to vindicate before denying provisional affiliation: Kerala High Court | The colleges must be provided with an opportunity to vindicate before they are denied provisional affiliation. An affiliation is denied when the college fails to meet basic standards of achievement set by the university. The colleges must be provided with a chance to substantiate their stand while fulfilling the defici... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY THE 22ND DAY OF JANUARY 2021 2ND MAGHA 1942 WA. No.155 OF 2021 AGAINST THE JUDGMENT DATED 05.01.2021 IN WP(C) 26923 2020(M CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEAR... |
Court may grant bail application for offenses under Section 37 of the NDPS Act only after considering the prima facie merits of the appeal: Supreme Court of India | Section 37 of the NDPS Act contains stringent requirements before an application for bail can be allowed. The Courts can allow a bail application only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is
not likely to commit any offence ... | Writ Petitionwere wrongly shifted to open category on different cadre i.e. PAC and Fireman without actually changing their cadre as they are all working on the said post for last 3 years. Had the aforesaid 958 seats were not wrongly overlapped then the Petitioners would have made their place in the list published on 11... |
Bail will not be granted when the accused has shown tendency to abscond or to threaten the complainant: High Court of Delhi | In a criminal trial where the accused person appears to have absconded or is likely to threaten the witnesses and tamper with the outcome of the trial, the court will not be inclined to grant bail to the accused. This was held in the judgement passed by a single member bench of the High Court of Delhi consisting of Jus... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN.2837 2021 Date of decision: AUGUST 16th 2021 IN THE MATTER OF: ISHU ..... Petitioner Through Mr. Viraj Datar Senior Advocate with Mr. Krishanu Adhikary ..... Respondent Through Ms. Kusum Dhalla APP for the State Mr. Rahul Chandlok Advocate for the complainant. THE STA... |
Implied Admission of Outstanding Debt gives rise to Liability: National Company Law Appellate Tribunal, Chennai Bench | Whether an admission contained within a reply, constituted an admission and gave rise to an outstanding liability, was considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI BENCH, before a bench consisting of Justice M. Venugopal, Member (Judicial); and Kanthi Narahari, Member (Technical), in the matter of... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL CHENNAI BENCH APPELLATE JURISDICTION) TA No. 117 2021 COMPANY APPEAL(INSOLVENCY) NO. 553 2020] Appeal filed under Section 61 of the I & B Code arising out of the impugned order dated 28.01.2020 passed by the ‘Adjudicating Authority’ National Company Law Tribunal Bengaluru Bench) ... |
The Quantum of punishment depends on the circumstances of each case, no straight jacket way to determine punishment: Supreme Court of India | The quantum of sentence, all depends on background facts of the case, antecedents of the accused, whether the assault was premeditated and pre-planned or not, etc. There are no straight jacket formulae for the determination of the same in law. Such an observation was made by the Hon’ble Supreme Court before Hon’ble Jus... | SLP(Crl.) No. 938 of 2021 REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1665 OF 20 Arising out of SLPNo.938 OF 2021 ...Appellant State represented by The Deputy Superintendent of Police ...Respondent JUDGMENT R. SUBHASH REDDY J. This Appeal is preferred by the sole appellant in Criminal Appeal ... |
Access to clean drinking water is a Fundamental Right under the Constitution: Delhi High Court | The State Government has a duty under Article 21 of the Constitution to provide clean drinking water to all its citizens. Hence, the right to access to drinking water is fundamental right. The Delhi High Court presided over by J. Jayant Nath laid down this ratio in the case of Delhi Sainik Cooperative Housing Building ... | J IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 11.01.2021 W.P.(C) 8364 2018 DELHI SAINIK COOPERATIVE HOUSING BUILDING SOCIETY LTD.(REGD.) AND ORS. ..... Petitioners Through Mr.Dushyant Dave Sr. Adv. with Mr.Bahar U. Barqi Advocate UNION OF INDIA AND ORS. Respondents Through Ms. Maninder Acharya ASG with Mr.An... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.